Here’s what’s happening.
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2009 - WHAT A YEAR!
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Beginning right away on January 1st the year 2009 was a very eventful year for Omni Resource and our clients.
On January 1, the ADA (Americans with Disabilities Act) was expanded to the ADAAA (ADA Amendments Act). The ADA Amendments Act redefines who is considered "disabled" under the ADA, and thus will potentially lead to a larger population of "disabled" employees seeking accommodations and a larger number of employees who claim they were "regarded as disabled" in disparate treatment claims.
On January 16th the FMLA (Family Medical Leave Act) was updated to implement new military family leaveThere are now six new forms in place and a new poster that was sent to each of our clients. entitlements enacted under the National Defense Authorization Act for FY 2008.
In February, the President signed The American Recovery and Reinvestment Act (ARRA) of 2009, establishing an employer-provided subsidy for employees who involuntarily lost their jobs. For employees who qualify they pay 35 percent for COBRA / state continuation premiums for themselves and their families for up to nine months.
On April 22nd the Equal Employment Opportunity Commission (EEOC) offered employers new guidance and best practices on avoiding discrimination against workers with care giving responsibilities. It supplements a 2007 EEOC guidance document on unlawful disparate treatment of employees/caregivers.
In May, the EEOC issued statements concerning the H1N1 virus and Title VI. Watch for more information to come in the future.
On July 24th the minimum wage was increased to $7.25.
A week later on August 6th, the EEOC revised its compliance manual to state that the 180 or 300 day period for filing a charge begins "each time wages, benefits, or other compensation is paid, resulting in whole or part from a discriminatory decision or practice". In other words, if a person wishes to file a claim related to compensation the clock beings to run with the issuance of each check.
The next day August 7th we received and distributed the new I-9 forms.
Center for Disease Control (CDC) issued H1N1 guidance on August 19th and September 16th.
September 8th began the required E-Verify Program for government contractors. Omni started the program in June for all of our clients and it has become a valuable tool.
October 28th is the date which the FMLA (Family Medical Leave Act) was amended to include exigency leave for employees whose spouse, son, daughter or parent is a member of "a regular component of the Armed Forces" as well as the Reserves. Also, caregiver leave was added to care for an employee's family member who is a retired service member and is "undergoing medical treatment, recuperation or therapy for a serious injury or illness that occurred at any time during the prior five years since the original treatment".
On November 21st the Genetic Information Nondiscrimination Act of 2008 (GINA) went into effect. This prohibits an employer from requesting, requiring or purchasing genetic information with respect to an employee or applicant or family member of an employee or applicant. The posters were sent to each of our clients for posting.
December brought with it the news of the increase in the unemployment rates. Also the President signed into law the COBRA subsidy extension that is part of the Department of Defense Appropriations Act of 2010 (HR3326)
We will receive the final regulations on ADA (Americans with Disabilities), Workplace Flexibility (or required paid leave) and, of course, the new Healthcare Reform in the near future.
The year 2010 will probably be just as fascinating as 2009!
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